The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
Moreover, it is not requisite that all the witnesses should have been
present during the whole transaction in question; the deposition of
a single one is admissible, though it is necessary that there be
more than two, and even three form but a sort of half-proof. All
interrogatories, skilfully directed to extort the truth from the
defendant or the witnesses by surprise, are strictly forbidden, as
are also any suggestions of the answer desired, and every effort is
made that the truth may flow naturally from the lips of the witness
and without the influence of fear. In order to avoid hatred and
terrorism, the names of the witnesses are not made known to the
accused, but their motives of hostility to him are examined with
the greatest care. False witnesses are punished with the utmost
severity, and, when it becomes necessary, the accused and accusers
are confronted with each other.
If from poverty, or any other reason, the accused is found without an
advocate or proctor, one is furnished for him.
Finally, the appeal is a matter of right. It is taken directly to
Rome, before the Congregation of the Holy Office, without passing
through any intermediate metropolitan tribunal, and, during its
pendency there, execution is usually stayed. Judgment is never
rendered against any one upon mere presumptions; but only after full
and unmistakable proof.
We come now to notice the written regulations which may be called
the skeleton of procedure. Save some variations in detail, they
differ little from those of all contested cases before the different
congregations. But in order fully to understand their advantages and
disadvantages, the reader should understand not only the text of the
law but the usages of its practices. For everywhere, at Rome as at
Paris, unwritten traditions and judicial customs modify and temper
the law, complete its deficiencies, and cause the inconveniences
which, at first sight, it would seem to occasion, wholly to
disappear. It is also impossible to base a serious comparison between
the procedure of two countries upon a mere reading of their rules.
Not only ought the two methods to vary according to the manners of
the parties, the character of the tribunals, and the nature of their
causes, but even two modes which are identical will often, under
different circumstances, produce entirely different results. They
accommodate themselves to the hand that wields them, and their value
can be really appreciated only after long usage of them; so that the
skilled practitioner alone is able to speak authoritatively of their
value, of their endurance, and of the guarantees which they offer for
the discovery of truth.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account